A Turkish generic company filed an invalidation action against a leading US pharmaceutical originator company in Turkey and requested the invalidation of its patent – a Turkish validation of a European patent granted by the EPO. The opposition proceedings were still pending before the EPO at the filing date of the invalidation action in Turkey. The patent owner subsequently requested a delay of the national proceedings, stating that the patent claims could still be amended…
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As per Article 20 of the Commencement of Execution Proceedings in Monetary Receivables Arising from Subscription Agreements Code, Article 5/A was incorporated into the Turkish Commercial Code on 1 January 2019. The article introduces mandatory mediation for claims involving commercial receivables. The new provisions do not apply to pending lawsuits before first-instance courts, regional civil courts or the Court of Cassation.
Applications for mediation must be finalised…
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Mediation now mandatory for claims relating to commercial receivables
As civil suits falling under IP-related codes are considered as commercial actions, mediation is now mandatory for certain types of IP disputes
It is expected that mediation will become mandatory for other types of IP disputes
Discretionary mediation was first introduced into the Turkish legal system in 2013 by Law No 6325 on Mediation in Civil Disputes as one of the alternative dispute resolution…
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Among other things, privacy issues in mergers and acquisitions now attract the attention of transaction parties.
Privacy risks/issues in mergers and acquisitions used to be overlooked or underestimated. However, these days, conducting adequate due diligence on privacy issues and mitigating risks associated with a target’s privacy-related liabilities, as well as requesting privacy-related representations and warranties, are common in merger and acquisition transactions.
The…
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Although they are legally available, ex parte injunctions are quite rare in Turkish IP practice. The IP courts almost always reject requests for ex parte injunctions, preferring to evaluate the alleged infringement only after hearing both parties. However, in a recent case, the IP Court unexpectedly granted a request for an ex parte injunction, due to the urgent nature of the matter.
The request for an ex parte injunction was filed against a company in Argentina. The company…
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Law Amending Some Laws and Decree-Laws Related to Health No 7151 entered into force on 15 November 2018
Under Article 24, tobacco goods produced in, or imported into, Turkey shall be offered for sale using plain and standardised packaging
Issues surrounding plain and standardised packaging to be addressed by Ministry of Agriculture and Forestry regulation
The control of tobacco consumption has been one of the top priorities of the Turkish government, and several measures…
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